Articles Posted in Uninsured Motorist

The county where you bring a car accident lawsuit, the venue, can have as much of an impact on the value of the case as anything else. When analyzing value and making decisions about where to file the lawsuit, you really have to weigh your options carefully. One excellent example of how tricky this can be is a recent opinion, a state appellate court discussed a case that stemmed from a Georgia hit-and-accident. The case presented the court with the opportunity to discuss how the general procedural rules governing which venue is appropriate fit together with the more specific venue-selection rules contained in the state’s uninsured motorist (UIM) statute.

Ultimately, the court concluded that the specific venue-selection language in the UIM statute should be given effect over the more generally applicable rule. Thus, the court dismissed the defendant’s appeal.

The Facts of the Case

The plaintiffs were injured after the defendant rear-ended the vehicle in which they were riding. Immediately prior to the accident, an unknown “John Doe” driver cut off the plaintiff’s vehicle, requiring the plaintiff driving the car to slam on the brakes to avoid rear-ending him. After the plaintiff slammed on the brakes, the defendant crashed into the back of their car, and the John Doe driver sped away. He was never located. The plaintiffs filed a personal injury lawsuit against both John Doe as well as the named defendant.

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